Pre-Suit Attorney Fees Recoverable Under 35 U.S.C. § 285

The court awarded a defendant $3.4 million in attorney fees under 35 U.S.C. § 285 and allowed it to recover $235,780 in pre-suit fees. "[Defendant's] billing entries reflect that it engaged counsel during this time to perform an analysis of Plaintiff’s patents and of potential damages. [Defendant] states that it 'foresaw litigation' based on a letter from Plaintiff indicating that “[Plaintiff] believes that it is now appropriate for licensing discussion with [defendant] to re-commence' and that 'it appears that a substantial portion of [defendant's] drug discovery efforts for Alzheimer’s Disease are entirely reliant on the unauthorized use of [Plaintiff’s] patented technology.' As [defendant] reasonably anticipated that this litigation would occur, its reasonable fees incurred prior to the initiation of this case are recoverable."

Alzheimer's Institute of America v. Elan Corporation PLC, et al, 3-10-cv-00482 (CAND April 14, 2016, Order) (Laporte, M.J.)